Rep. Joe Sosnowski

Filed: 3/1/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1203

2    AMENDMENT NO. ______. Amend House Bill 1203 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 5-12014 as follows:
 
6    (55 ILCS 5/5-12014)  (from Ch. 34, par. 5-12014)
7    Sec. 5-12014. Amendment of regulations and districts.
8    (a) For purposes of this Section, the term "text amendment"
9means an amendment to the text of a zoning ordinance, which
10affects the whole county, and the term "map amendment" means an
11amendment to the map of a zoning ordinance, which affects an
12individual parcel or parcels of land.
13    (b) The regulations imposed and the districts created under
14the authority of this Division may be amended from time to time
15by ordinance or resolution, after the ordinance or resolution
16establishing same has gone into effect, but no such amendments

 

 

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1shall be made without a hearing before the board of appeals. At
2least 15 days notice of the time and place of such hearing
3shall be published in a newspaper of general circulation
4published in such county. Hearings on text amendments shall be
5held in the court house of the county or other county building
6with more adequate facilities for such hearings. Hearings on
7map amendments shall be held in the township or road district
8affected by the terms of such proposed amendment or in the
9court house, or other county building with more adequate
10facilities for such hearings, of the county in which the
11affected township or road district is located. Provided, that
12if the owner of any property affected by such proposed map
13amendment so requests in writing, such hearing shall be held in
14the township or road district affected by the terms of such
15proposed amendment. Except as provided in subsection (c), text
16amendments may be passed at a county board meeting by a simple
17majority of the elected county board members, unless written
18protests against the proposed text amendment are signed by 5%
19of the land owners of the county, in which case such amendment
20shall not be passed except by the favorable vote of 3/4 of all
21the members of the county board. Except as provided in
22subsection (c), map amendments may be passed at a county board
23meeting by a simple majority of the elected county board
24members, except that in case of written protest against any
25proposed map amendment that is either: (A) signed by the owner
26or owners of at least 20% of the land to be rezoned, or (B)

 

 

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1signed by the owner or owners of land immediately touching, or
2immediately across a street, alley, or public right-of-way
3from, at least 20% of the perimeter of the land to be rezoned,
4or in cases where the land affected lies within 1 1/2 miles of
5the limits of a zoned municipality, or in the case of a
6proposed text amendment to the Zoning Ordinance, by resolution
7of the corporate authorities of the zoned municipality with
8limits nearest adjacent, filed with the county clerk, such
9amendment shall not be passed except by the favorable vote of
103/4 of all the members of the county board, but in counties in
11which the county board consists of 3 members only a 2/3 vote is
12required. In such cases, a copy of the written protest shall be
13served by the protestor or protestors on the applicant for the
14proposed amendment and a copy upon the applicant's attorney, if
15any, by certified mail at the address of such applicant and
16attorney shown in the application for the proposed amendment.
17Notwithstanding any other provision of this Section, if a map
18amendment is proposed solely to correct an error made by the
19county as a result of a comprehensive rezoning by the county,
20the map amendments may be passed at a county board meeting by a
21simple majority of the elected board.
22    Any notice required by this Section need not include a
23metes and bounds legal description, provided that the notice
24includes: (i) the common street address or addresses and (ii)
25the property index number ("PIN") or numbers of all the parcels
26of real property contained in the area for which the variation

 

 

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1is requested.
2    (c) If a township located within a county with a population
3of less than 600,000 has a plan commission and the plan
4commission objects to a text amendment or a map amendment
5affecting an unincorporated area of the township, then the
6township board of trustees may submit its written objections to
7the county board within 30 days after the hearing before the
8board of appeals, in which case the county board may not adopt
9the text amendment or the map amendment affecting an
10unincorporated area of the township except by the favorable
11vote of at least three-fourths of all the members of the county
12board.
13(Source: P.A. 89-272, eff. 8-10-95.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".